Detectorist Assumption of Risk, Release of Liability, and Indemnity Waiver

To be signed electronically at account registration AND at the point of each Booking confirmation.

READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. IT AFFECTS YOUR LEGAL RIGHTS.

This document contains important information about the risks of metal detecting and limits your ability to make certain legal claims. You should seek independent legal advice if you are unsure of its effect.

Parties

This Waiver is entered into between:

1. Gitwix Limited (the "Platform"), company number 15817715, and 2. The registered Detectorist User identified by the account to which this Waiver is linked (the "Detectorist").

Part A — Background and Acknowledgments

A.1 Nature of the Activity. I, the Detectorist, acknowledge and understand that metal detecting activities involve entering onto privately owned land and conducting excavation activities. These activities carry inherent and foreseeable risks including, but not limited to:

• Trip, slip, and fall hazards on uneven, wet, or obstructed terrain
• Hazards from farm machinery, livestock, fences, barbed wire, ditches, and water features
• Hazards from buried infrastructure including utility cables, pipelines, and drainage systems
• Risk of injury from excavation tools and equipment
• Risk from unexploded ordnance (UXO) or other buried dangerous materials
• Hazards from variable and adverse weather conditions
• Exposure to chemicals, fertilisers, or agricultural substances on or near the land
• Physical exertion risks

A.2 Voluntary Participation. I confirm that I am participating in metal detecting activities voluntarily, of my own free will, and that I have chosen to do so with full awareness of the risks involved.

A.3 Personal Responsibility. I accept full personal responsibility for my own safety, health, and wellbeing during any detecting activity undertaken through a Booking made via the Platform.

A.4 No Supervision. I acknowledge that neither the Platform nor any of its employees, agents, or representatives will be present to supervise, guide, monitor, or assist me during any detecting activity.

A.5 Fitness and Competence. I confirm that I am physically and medically fit to engage in metal detecting activities. I have no medical condition, disability, or impairment that would make it unsafe for me to participate without supervision. I accept full responsibility for ensuring my own fitness and capability.

A.6 Equipment. I confirm that all equipment I use is safe, in good repair, and suitable for the purpose. I accept full responsibility for my equipment.

A.7 Legal Compliance. I confirm my understanding of and commitment to comply with:

• The Treasure Act 1996 and my obligation to report Treasure finds to the local Coroner within 14 days
• The Ancient Monuments and Archaeological Areas Act 1979 and my obligation not to detect on Scheduled Monuments or protected sites
• The Code of Practice for Responsible Metal Detecting in England and Wales
• The NCMD Code of Conduct (or equivalent)
• The terms of the Search Agreement for each specific Booking
• The Countryside Code
• All other applicable laws and regulations

A.8 Insurance via NCMD / FID membership. I confirm that I hold a current NCMD or FID membership and that this membership (which includes public liability insurance of £10,000,000) will be in force at the time of each and every Booking. I will share my membership card photograph with the Landowner at the point of booking as proof of cover. I understand that the Platform does not provide, underwrite, or separately verify any insurance, that failure to maintain a current membership is entirely my own risk, and I will not hold the Platform responsible for any uninsured losses I suffer or cause.

A.9 Land Hazards. I acknowledge that Landowners may not be aware of all hazards present on their land and that notwithstanding any disclosure made by a Landowner, unknown hazards may exist. I accept this risk as a condition of my participation.

Part B — Assumption of Risk

B.1 In consideration of the Platform facilitating my access to Landowners and Bookings, I voluntarily and knowingly assume all risks — known and unknown, foreseen and unforeseen, foreseeable and unforeseeable — of participating in metal detecting activities on Listed Land, including the risks described in Part A above and any other risks that may arise.

B.2 I agree that my voluntary participation in these activities constitutes an assumption of risk within the meaning of the volenti non fit injuria doctrine to the maximum extent permitted by English law.

B.3 I understand that under English law (specifically the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015), no waiver can exclude liability for death or personal injury caused by negligence. Nothing in this Waiver is intended to, or shall be construed as, excluding liability for:

• Death or personal injury caused by the negligence of the Platform or its agents;
• Fraud or fraudulent misrepresentation.

Subject to those exceptions, I accept the risks described herein as fully assumed by me.

Part C — Release of Platform Liability

C.1 Subject to the exceptions in Clause B.3, I hereby release and discharge Gitwix Limited, its directors, officers, employees, agents, contractors, successors, and assignees (the "Released Parties") from any and all claims, actions, damages, losses, liabilities, costs, and expenses arising out of or in connection with:

• Any personal injury, illness, or death suffered by me during or in connection with a Booking;
• Any loss of or damage to my personal property during or in connection with a Booking;
• Any act or omission of any Landowner during or in connection with a Booking;
• Any failure by a Landowner to disclose land hazards;
• Any inaccuracy in any land listing on the Platform;
• Any dispute between me and a Landowner regarding Finds, Treasure, or any other matter;
• Any criminal or civil liability I incur through my own conduct during a Booking.

C.2 This release is not a release of the Landowner. My rights against the Landowner in respect of their occupier's liability obligations under the Occupiers' Liability Acts 1957 and 1984 are not affected by this Waiver.

Part D — Indemnity to the Platform

D.1 I agree to fully indemnify, defend, and hold harmless the Released Parties against any and all claims, demands, actions, proceedings, damages, losses, costs, and expenses (including reasonable legal fees) brought by any third party (including any Landowner) arising out of or in connection with:

• My breach of these Terms, the Search Agreement, or any applicable law;
• My negligent or reckless conduct during any Booking;
• My failure to maintain a current NCMD or FID membership (and the public liability insurance that comes with it);
• My failure to comply with the Treasure Act 1996;
• My detection on a protected site or outside the agreed area;
• Any damage I cause to the Landowner's land, property, crops, livestock, or equipment;
• Any personal injury caused to myself or any third party by my actions during a Booking.

Part E — Acknowledgment and Signature

By clicking "I ACCEPT" / "CONFIRM BOOKING" on the Platform (as applicable), the Detectorist confirms that:

1. They have read and understood this entire Waiver; 2. They have had the opportunity to seek independent legal advice before agreeing; 3. They freely and voluntarily agree to be bound by the terms of this Waiver; 4. They confirm that all representations and warranties made herein are true and accurate as of the date of signing and at the date of each Booking; 5. They understand that this Waiver will be recorded electronically, with a timestamp and IP address, and forms part of the binding contractual arrangement with the Platform.